[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Notices]
[Pages 53130-53131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19806]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18923; Notice 1]


CCI Manufacturing IL Corporation, Receipt of Petition for 
Decision of Inconsequential Noncompliance

    CCI Manufacturing IL Corporation (CCI) has determined that certain 
brake fluid containers manufactured by its supplier, Gold Eagle, do not 
comply with S5.2.2.2(d) of 49 CFR 571.116, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 116, ``Motor vehicle brake fluids.'' CCI has filed 
an appropriate report pursuant to 49 CFR Part 573, ``Defect and 
Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), CCI has petitioned for 
an exemption from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential to 
motor vehicle safety.
    This notice of receipt of CCI's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition. 
Affected are a total of approximately 21,204 units of brake fluid 
containers manufactured in March 2004. S5.2.2.2 of FMVSS No. 116 
requires that:

Each packager of brake fluid shall furnish the information specified 
in [paragraph d] of this S5.2.2.2 by clearly marking it on each 
brake fluid container or on a label (labels) permanently affixed to 
the container * * *. After being subjected to the operations and 
conditions specified in S6.14, the information required by this 
section shall be legible * * *.

The information specified in paragraph d of S5.2.2.2 is ``[a] serial 
number identifying the package lot and date of packaging.'' With regard 
to the noncompliant brake fluid containers, the lot and date codes 
required by S5.2.2.2(d) are not legible after the containers are 
subjected to the test conditions of S6.14.
    CCI believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. CCI states:

NHTSA has identified only one purpose for [the lot and date code] 
marking: namely, ``to facilitate determination of the extent of 
defective brake fluid should such be discovered.'' * * * While it is 
clearly in the manufacturer's interest to be able to limit the 
``extent of defective brake fluid should such be discovered,'' by 
reference to lot/date code markings, there is no serious risk to 
motor vehicle safety if that information is lost. Instead, in the 
event of a defect or noncompliance determination affecting certain 
batches of brake fluid, the brake fluid manufacturer would be 
compelled to recall a larger population of brake fluid containers 
than it otherwise would need to do, because it could not rely on the 
presence of a legible lot/date code marking to limit the population 
of the recall.

CCI explains that it sold the affected brake fluid only to Mercedes-
Benz, who then distributed it to its dealerships and authorized repair 
facilities. CCI states:

First, Mercedes-Benz purchases and distributes the brake fluid to 
its dealerships and authorized repair facilities in bulk quantities, 
and those products are used quickly. Even in the unlikely event that 
a dealership or repair facility could not read the lot/date code on 
a particular container of brake fluid, that entity would likely have 
other containers from the same lot/date code on its premises, and 
could ascertain the lot/date code for the fouled container from its 
companion products. Second, CCI believes that all of the 
noncompliant containers in Mercedes-Benz's inventory may already 
have been used.

CCI does not believe Mercedes-Benz offers the brake fluid for retail 
sale to customers, however it cannot be certain.
    CCI states that the brake fluid containers comply with all other 
requirements of FMVSS No. 116 and the brake fluid itself complies 
with the substantive performance requirements of FMVSS No. 116. CCI 
indicates that it has corrected the problem.
    Interested persons are invited to submit written data, views, 
and arguments on the petition described above. Comments must refer 
to the docket and notice number cited at the beginning of this 
notice and be submitted by any of the following methods. Mail: 
Docket Management Facility, U.S.

[[Page 53131]]

Department of Transportation, Nassif Building, Room PL-401, 400 
Seventh Street, SW., Washington, DC, 20590-0001. Hand Delivery: Room 
PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC. It is requested, but not required, that 
two copies of the comments be provided. The Docket Section is open 
on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments 
may be submitted electronically by logging onto the Docket 
Management System Web site at http://dms.dot.gov. Click on ``Help'' 
to obtain instructions for filing the document electronically. 
Comments may be faxed to 1-202-493-2251, or may be submitted to the 
Federal eRulemaking Portal: go to http://www.regulations.gov. Follow 
the online instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below 
will be filed and will be considered. All comments and supporting 
materials received after the closing date will also be filed and 
will be considered to the extent possible. When the petition is 
granted or denied, notice of the decision will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: September 30, 2004.

    Authority (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8)

    Issued on: August 25, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-19806 Filed 8-30-04; 8:45 am]
BILLING CODE 4910-59-P